THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER. THIS REQUIRES YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SITE.
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may apply for promotions, giveaways, or similar programs. If Additional Terms are inconsistent with these Terms, the Additional Terms control.
YOU MAY NOT ACCESS OR USE THE SITE UNLESS YOU ARE AT LEAST 21 YEARS OLD
You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site and that you are at least twenty-one (21) years of age. If you are under age 21, you are not permitted to access or use the Site. You further acknowledge and agree that you will not forward this Site to anyone who is not at least twenty-one (21) years of age. You are prohibited from purchasing or consuming any El Bastón del Rey alcohol beverage products or participating in any El Bastón del Rey promotions or offers unless you are of legal drinking age.
We try to keep the Site up and running, but our Site may experience outages or downtime for a variety of reasons. El Bastón del Rey is not responsible for any damage or loss caused by failures or delays of the Site.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in respect of the Site and in all data, material and content published on it.
Your use of the Site grants you no rights in relation to our, or our licensors', intellectual property rights.
In return for your acceptance of these Terms, we grant you a non-exclusive license to use the Site on any device(s) that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferrable (meaning it cannot be given to anyone else). This license ends without notice when you stop using the Site, or otherwise when we tell you we are terminating it.
If you provide us with any ideas, proposals, suggestions or other materials relating to the Site, or any other El Bastón del Rey products or services, we may use the feedback in any manner for any purpose without restriction or compensation to you.
Acceptable Use Policy
You may only use the Site for lawful purposes. In addition, you may not:
- Use the Site in a way which encourages any individual to consume alcohol in other than a responsible manner;
- Use the Site in a way which infringes the rights of anyone else or restricts or inhibits anyone else's use or enjoyment of the Site;
- Use the Site in any way that interrupts, damages, impairs or renders the Site less efficient;
- Copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Site (or authorize, encourage or assist any other person to do so);
- Knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Penetrate or attempt to penetrate the Site’s security measures; or
- Introduce anything which alters the performance of the Site.
Third Party Services & External Links
The Site may show or direct you to listings, descriptions and images of products or services offered by third parties, as well as promotions, coupons or discounts for those products. We try to keep this content error-free, but El Bastón del Rey does not warrant that such listings, descriptions or images are accurate, complete, reliable, current or error-free or that products of third parties comply with applicable Laws.
YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
THE SITE AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. GLOBAL PIONEER SPIRITS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. GLOBAL PIONEER SPIRITS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE GLOBAL PIONEER SPIRITS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SITE OR ANY PROGRAMS, PRODUCTS, OR SERVICES OFFERED, CREATED OR LICENSED BY GLOBAL PIONEER SPIRITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GLOBAL PIONEER SPIRITS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST GLOBAL PIONEER SPIRITS FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF GLOBAL PIONEER SPIRITS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, GLOBAL PIONEER SPIRITS’ LIABILITY SHALL NOT EXCEED U.S. $100.00.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIABILITY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
As used in this Arbitration provision, “you” and “your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors and assigns.
This Arbitration provision is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever, whether in contract, tort or otherwise, including, but not limited to, statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with the Site, all content on the Site, products sold or advertised on the Site (including, but not limited to, the use, design, testing, manufacture, performance, marketing, advertising, or labeling of any product advertised or purchased on the Site), and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as “Claims”).
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and you and we agree to assert any Claim against the other party exclusively by arbitration administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures, effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on JAMS’ website.
Unless the JAMS Rules require or Global Pioneer Spirits and you agree otherwise, any arbitration hearing(s) will take place in the State of Washington. You and we must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Global Pioneer Spirits will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Global Pioneer Spirits will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (a) in the paragraph above, in the event that any provision of this Arbitration provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of these Terms, and shall not affect the validity and enforceability of these Terms in other cases and jurisdictions. If subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Washington. In the event that you intend to commence an arbitration or a court proceeding, you must first notify Global Pioneer Spirits by contacting us, (“Notice”) and attempt to resolve Your Claim. If you and Global Pioneer Spirits do not reach an agreement to resolve Your Claim within thirty (30) days after Notice has been provided, either party may commence an arbitration proceeding in accordance with these Terms. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION. You and we expressly waive any right to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator in connection with these Terms. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction.
These Terms, their subject matter, and the formation of the contract between you and Global Pioneer Spirits are governed by the laws of the State of Washington, United States of America, except as to matters governed by the Federal Arbitration Act such as the Arbitration provision above. However, if you are a consumer and resident of any country you may benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local mandatory provisions and legal rights.
From time to time, we may change these Terms. You are responsible for regularly reviewing these Terms, and your continued use of the Site following any changes indicates your acceptance of those changes. If you do not agree to the revisions, you must stop using the Site.
If any term, or part of a term, of these Terms is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue to apply.
If you or we breach these Terms and you or we take no action against the other, you or we will still be entitled to use our rights and remedies in any other situation where you or we break these Terms.
If you have any questions, comments, concerns, complaints or claims about these Terms or the Site, you can contact us at any time. We will get back to you as soon as possible.